[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 66 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                 H. R. 66

 To expand opportunity for Native American children through additional 
             options in education, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2023

  Mr. Biggs introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
 To expand opportunity for Native American children through additional 
             options in education, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native American Education 
Opportunity Act''.

SEC. 2. NATIVE AMERICAN EDUCATION OPPORTUNITY PROGRAM.

    (a) In General.--Part B of title XI of the Education Amendments of 
1978 (25 U.S.C. 2000 et seq.) is amended--
            (1) by redesignating section 1141 as section 1142; and
            (2) by inserting after section 1140 the following:

``SEC. 1141. FUNDING OF TRIBAL-BASED EDUCATION SAVINGS ACCOUNT 
              PROGRAMS.

    ``(a) Program Authorized.--
            ``(1) Disbursements.--At the request of Tribes, the 
        Secretary of Education and the Secretary of the Interior shall, 
        for the 2023-2024 school year and each subsequent school year, 
        disburse amounts transferred under section 2101(a)(2) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6611(a)(2)) for the fiscal year to such Tribes that administer 
        education savings account programs to enable the Tribes to 
        award grants to education savings accounts for ESA eligible 
        students for such school year, in accordance with subsection 
        (b).
            ``(2) Applicability.--This section shall apply with respect 
        to ESA eligible students who have submitted their application 
        for participation under this section to the Tribe of which the 
        student is an enrolled member on or after January 1, 2023.
            ``(3) Account administration.--A Tribe may enter into an 
        agreement with a nonprofit entity for the administration of the 
        accounts created through the Tribe's education savings account 
        program.
            ``(4) Required use of funds.--Funds disbursed to a Tribe 
        under this section shall be used to deposit $8,000 each year in 
        the Tribal education savings accounts of ESA eligible students 
        who have not yet attained a regular high school diploma or its 
        recognized equivalent.
            ``(5) Permissible use of funds.--Funds disbursed to a Tribe 
        under this section may be used for--
                    ``(A) private tutoring, including academic, Native 
                language, or cultural tutoring;
                    ``(B) costs of attendance at a private elementary 
                school or secondary school recognized by the State, 
                which may include a private school that has a religious 
                mission;
                    ``(C) private online learning programs;
                    ``(D) services provided by a public elementary 
                school or secondary school attended by the child on a 
                less than full-time basis, including individual classes 
                and extracurricular activities and programs;
                    ``(E) textbooks, curriculum programs, or other 
                instructional materials, including any supplemental 
                materials required by a curriculum program, private 
                school, private online learning program, or a public 
                school, or any parent directed curriculum associated 
                with K-12 education;
                    ``(F) computer hardware or other technological 
                devices that are used to help meet a student's 
                educational needs, except that such hardware or devices 
                may not be purchased by a parent more than once in an 
                18-month period;
                    ``(G) educational software and applications;
                    ``(H) uniforms purchased for attendance at a 
                private school recognized by the State;
                    ``(I) fees for nationally standardized assessment 
                exams, advanced placement exams, any exams related to 
                college or university admission, or tuition or fees for 
                preparatory courses for such exams;
                    ``(J) fees for summer education programs and 
                specialized after-school education programs (but not 
                including after-school childcare);
                    ``(K) educational services and therapies, including 
                occupational, behavioral, physical, speech-language, 
                and audiology therapies;
                    ``(L) transportation to receive a service under 
                paragraph (4);
                    ``(M) costs of attendance at an institution of 
                higher education;
                    ``(N) costs associated with an apprenticeship or 
                other vocational training program;
                    ``(O) fees for State-recognized industry 
                certification exams, and tuition or fees for 
                preparatory courses for such exams;
                    ``(P) contributions to a college savings account, 
                which may include contributions to a qualified tuition 
                program (as defined in section 529(b)(1)(A) of the 
                Internal Revenue Code of 1986) or other prepaid tuition 
                plan offered by a State; or
                    ``(Q) any other educational expenses approved by 
                the Secretary.
    ``(b) Disbursements.--
            ``(1) Annual disbursements.--A Tribe that receives a 
        disbursement amount under subsection (a) shall make semi-annual 
        distributions of such amount to education savings accounts for 
        ESA eligible students.
            ``(2) Limitation.--A Tribe shall allocate not more than 5 
        percent of the amount received per pupil under this section to 
        the administration of the education savings account programs of 
        the Tribe.
            ``(3) Roll over and remaining funds in an account.--Amounts 
        remaining in the Tribal education savings account of a student 
        at the end of a school year shall remain available until 
        expended for use in accordance with this section.
            ``(4) Terminition and return of funds.--The Tribal 
        education savings account of a student shall terminate on--
                    ``(A) the date on which the student enrolls in a 
                public elementary school or secondary school on a full-
                time basis;
                    ``(B) in the case of a student who is pursuing 
                postsecondary education, the earlier of--
                            ``(i) the date on which the student 
                        completes postsecondary education; or
                            ``(ii) the date on which the student 
                        attains the age of 25 years;
                    ``(C) in the case of a student who is an individual 
                with a disability, the date on which the student 
                attains the age of 26 years; or
                    ``(D) in the case of an individual not described in 
                subparagraph (B) or (C), the earlier of--
                            ``(i) the date on which the student attains 
                        the age of 25 years; or
                            ``(ii) the expiration of any 2-year period 
                        during which funds in the account are not used 
                        in accordance with this section.
    ``(c) Compulsory Attendance Requirements.--A State that receives 
funds under this title shall consider a child with a Tribal education 
savings account for a school year as meeting the State's compulsory 
school attendance requirements for such school year.
    ``(d) Special Rule.--In the case of a child with a Tribal education 
savings account who attends a public school on a less than full-time 
basis in a school year--
            ``(1) the child may not attend the public school free of 
        charge; and
            ``(2) funds in the account, in an amount determined 
        pursuant to an agreement between the parent of the child and 
        the local educational agency concerned, shall be used to pay 
        for the child's costs of attendance at such school.
    ``(e) Tribal Consultation.--
            ``(1) In general.--Before providing educational services to 
        ESA eligible students, and on an annual basis thereafter, a 
        participating educational service provider shall engage in 
        consultation with appropriate tribal officials before providing 
        educational services to ESA eligible students.
            ``(2) Documentation.--The participating educational service 
        provider shall maintain in the provider's records and provide 
        to the Bureau of Indian Education a written affirmation signed 
        by the appropriate officials of the participating tribes or 
        tribal organizations approved by the tribes that the 
        consultation required by this section has occurred. If such 
        officials do not provide such affirmation within a reasonable 
        period of time, the affected educational service provider shall 
        forward documentation that such consultation has taken place to 
        the Bureau of Indian Education.
            ``(3) Rule of construction.--Nothing in this section shall 
        be construed to require the participating educational service 
        provider to determine who are the appropriate officials.
            ``(4) Limitation.--Consultation required under this section 
        shall not interfere with the timely approval and operation of 
        participating educational service providers.
    ``(f) Rule of Construction.--A grant awarded to an ESA eligible 
student under this section shall be considered assistance to the 
student and shall not be considered assistance to a school that enrolls 
the ESA eligible student or any other educational service provider from 
which the ESA eligible student receives services. The amounts provided 
on behalf of an ESA eligible student under this section shall not be 
treated as income of the parent or the student for purposes of Federal 
tax laws or for determining eligibility for any other Federal program.
    ``(g) Termination.--The authority to carry out this section shall 
expire on the date that is 5 years after the date of the enactment of 
this Act.
    ``(h) Definitions.--In this section:
            ``(1) Appropriate officials.--The term `appropriate 
        officials' means--
                    ``(A) tribal officials who are elected; or
                    ``(B) appointed tribal leaders or officials 
                designated in writing.
            ``(2) Educational service provider.--The term `educational 
        service provider' means an educational service provider that 
        has entered into an agreement with a Tribe.
            ``(3) ESA eligible student.--The term `ESA eligible 
        student' means an individual who is--
                    ``(A) an elementary school or secondary school 
                Tribal enrolled student who attended a school operated 
                by the Bureau of Indian Education in the semester 
                preceding the date on which the student first applies 
                for participation in an education savings account 
                program; or
                    ``(B) a child who--
                            ``(i) will be eligible to attend a school 
                        operated by the Bureau of Indian Education for 
                        kindergarten or any other elementary school 
                        grade in the next semester that will start 
                        after the date on which the student first 
                        applies for participation in an education 
                        savings account program; or
                            ``(ii) will not be attending a school 
                        operated by the Bureau of Indian Education, 
                        receiving an education savings account from 
                        another Tribe, or attending a public elementary 
                        school or secondary school, while the student 
                        is participating in an education savings 
                        account program of a Tribe.
            ``(4) Education savings account program.--The term 
        `education savings account program' means a program 
        administered by a Tribe in which the Tribe awards a grant to an 
        account managed by the Tribe or a nonprofit entity on behalf of 
        a parent of an elementary school or secondary school student 
        from which the parent may purchase goods and services needed 
        for the education of the student.
            ``(5) Nonprofit entity defined.--In this paragraph, the 
        term `nonprofit entity' means an entity that is described in 
        the section 501(c)(3) of the Internal Revenue Code of 1986 and 
        is exempt from taxation under section 501(a) of such Code.
            ``(6) Parent.--The term `parent' has the meaning given the 
        term in section 8101 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7801).
            ``(7) Tribe.--The term `Tribe' means any recognized Indian 
        tribe included on the current list published by the Secretary 
        under section 104 of the Federally Recognized Indian Tribe Act 
        of 1994 (25 U.S.C. 5131).''.
    (b) Conforming Amendment.--Section 1126(c) of the Education 
Amendments of 1978 (25 U.S.C. 2006(c)) is amended by striking ``section 
1141(12)'' and inserting ``section 1142(12)''.

SEC. 3. AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 
              1965.

    Section 2101(a) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6611(a)) is amended at the end by inserting the 
following new paragraph:
            ``(3) one-half of one percent for Tribes that administer 
        education savings account programs under section 1141 of part B 
        of title XI of the Education Amendments of 1978 (25 U.S.C. 2000 
        et seq.).''.

SEC. 4. CHARTER SCHOOLS AUTHORIZED.

    (a) In General.--The Bureau of Indian Education is authorized to 
approve and fund a Bureau-Funded Charter School at any school operated 
or funded by the Bureau of Indian Education.
    (b) Use of Bureau Facilities.--Tribes are authorized to use 
existing Bureau of Indian Education facilities for the operation, 
management, and expansion of grades in Bureau-funded charter schools, 
as defined in section 4(d)(1).
    (c) Use of Funds.--Funds dispersed to tribes under this section may 
be used for subcontracts with a tribal organization or developer to 
manage or operate Bureau-funded charter schools.
    (d) Definitions.--In this section:
            (1) Bureau-funded charter school.--The term ``Bureau-Funded 
        Charter School'' means a school that--
                    (A) is approved by the Tribal government where the 
                school operates and is approved and funded by the 
                Bureau of Indian Education;
                    (B) is exempt from significant Federal, State, or 
                local rules that inhibit the flexible operation and 
                management of Bureau-funded schools, but not from any 
                rules relating to the other requirements of this 
                paragraph;
                    (C) is created by a developer as a Bureau-funded 
                school, or is adapted by a developer from an existing 
                Bureau-funded school;
                    (D) operates in pursuit of a specific set of 
                educational objectives determined by the school's 
                developer and agreed to by each Tribe served and the 
                Bureau of Indian Education;
                    (E) provides a program of elementary or secondary 
                education, or both;
                    (F) is not affiliated with a sectarian school or 
                religious institution;
                    (G) does not charge tuition;
                    (H) complies with the Age Discrimination Act of 
                1975 (42 U.S.C. 6101 et seq.), title VI of the Civil 
                Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX 
                of the Education Amendments of 1972 (20 U.S.C. 1681 et 
                seq.), section 504 of the Rehabilitation Act of 1973 
                (29 U.S.C. 794), the Americans with Disabilities Act of 
                1990 (42 U.S.C. 12101 et seq.), section 1232g of this 
                title (commonly referred to as the ``Family Educational 
                Rights and Privacy Act of 1974''), and part B of the 
                Individuals with Disabilities Education Act (20 U.S.C. 
                1411 et seq.);
                    (I) is a school to which parents choose to send 
                their children, and that--
                            (i) admits students on the basis of a 
                        lottery, consistent with section 4303(c)(3)(A) 
                        of the Elementary and Secondary Education Act 
                        of 1965 (20 U.S.C. 7221b(c)(3)(A)), if more 
                        students apply for admission than can be 
                        accommodated; or
                            (ii) automatically enrolls students who are 
                        enrolled in the immediate prior grade level of 
                        Bureau-funded schools and, for any additional 
                        student openings or student openings created 
                        through regular attrition in student enrollment 
                        in the affiliated charter school and the 
                        enrolling school, admits students on the basis 
                        of a lottery as described in clause (i);
                    (J) agrees to comply with the same Federal audit 
                requirements as do other Bureau-funded schools, unless 
                such Federal audit requirements are waived by the 
                Bureau of Indian Education;
                    (K) meets all applicable Federal health and safety 
                requirements;
                    (L) operates in accordance with Federal law;
                    (M) has a written performance contract with the 
                Bureau of Indian Education that includes a description 
                of how student performance will be measured in charter 
                schools pursuant to assessments that are required of 
                other schools and pursuant to any other assessments 
                mutually agreeable to the Bureau of Indian Education, 
                tribe(s) served, and the charter school; and
                    (N) may serve students in early childhood education 
                programs.
            (2) Developer.--The term ``developer'' means an individual 
        or group of individuals (including a public, private, or tribal 
        nonprofit organization), which may include teachers, 
        administrators and other school staff, parents, or other 
        members of the local community in which a charter school 
        project will be carried out.

SEC. 5. GAO STUDY.

    Not later than 3 years after the date of enactment of this Act, the 
Comptroller General of the United States shall--
            (1) conduct a review of the implementation of the programs 
        established by this Act during the preceding 3-year period, 
        including any factors impacting increased participation in 
        education savings account programs established pursuant to the 
        amendments made by this Act;
            (2) submit a report describing the results of the review 
        under paragraph (1) to--
                    (A) the Committee on Indian Affairs of the Senate; 
                and
                    (B) the Subcommittee on Indian, Insular and Alaska 
                Native Affairs of the Committee on Natural Resources of 
                the House of Representatives; and
            (3) make the report described in paragraph (2) publicly 
        available.

SEC. 6. SEVERABILITY.

    If any provision of this Act, or an amendment made by this Act, or 
the application of such provision or amendment to any person or 
circumstance, is held to be invalid, the remainder of this Act, or an 
amendment made by this Act, or the application of such provision to 
other persons or circumstances, shall not be affected.
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